Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698941342947.pdf (Uganda)
T(} rrlrrL irli:t Nl (,, THE l{LJUtsLrC ()f lr(At\DA PARLIAMENT OF UGANDA REPORT OF THE COMMITTEE ON RULES, PRMLEGES AND DISCPLINE ON AN INQUIRY INTO ALLEGATIONS AGAINST GENERAL ELLY TUMWINE, MEMBER OF PARLIAMENT REPRESENTING UGANDA PEOPLE'S DEFENCE FORCES (UPDFI AND MINISTER FOR SECURITY.

OFFICE OF THE CLERK TO PARLIAMENT AUGUST, 2OI9 ( ( -lu* r l+ 1.O Introduction On T\resda!

2Jra July 2OI9, Hon.


Atkins Katusabe, Member of Parliament (MP) representing Bukonjo County West, made a statement to Parliament about a "shoot-to-kill" deployment of police and military personnel resulting into the shutdown of Babughirana Abattoir in Bukonjo County West.

Hon.

Katusabe alleged that when he told the Minister for Security, Honorable General ElIy T\:mwine (Hon.

Gen. Elly Tumwine) that he would raise the matter on the Floor of Parliament on 23'd July 20L9, Hon.
Gen. T\rmwine violated Chapter six (6), Article 79 (I), (2) and (3) of the Constitution of the Republic of Uganda when he made the following utterances: "Who is the Speaker?

Who is she?

What is Parliament?

The Speaker rules ouer Parliament.

She does not nile ouer Uganda.

This Country utas liberated by the military but not her Parliament.

Do ruot tell me about Aour Speaker and about Aour Parliament.

The armA cannot be directed bg ciuilians."

Further, on the same date of 23rd July 2OL9, Hon.


Elijah Okupa, MP Kasilo Count5r, raised concern on a point of privilege about an alleged attempt by Hon.

Gen. Elly Tumwine to assault Hon.

Atim Ogwal Cecilia Barbara, District Woman Representative, Dokolo in the lobbies of Parliament.

The House referred the allegations to the Committee on Rules, Privileges and Discipline for investigation.
The mandate of the Committee is stipulated under Rule 172 as follows: 1) tlrc Committee on Rules, Priuileges and Discipline shall bg order of the House: inquire into any complairtt of contempt of Parliament or breach of priuilege which may be referred to it and to recommend to the House such action as the Committee mau consider ate; U f 2 b) consider a.ruA matter of discipline referred to it bg the Speaker or the House including attendance of Members at sittings of Committees, and to report its findings to the House; c) reuiew the Rules from time to time and to make such recommendations to the House for amendment as the Committee considers necessarA fo, the satisfactory functioning and elficient transaction of the business of the House and its Committees; d) examine and aduise the House on amendments proposed to these rules, by Members or other Committees of the House; and e) carry out such other furtctions ds are conferred by the Rules or as the House may assign it.
2) The findings and recommendations of the Committee on Rules, Priuileges and Discipline shall be presented, debated and approued bg the House.

3) WitLtout prejudice to sub-ntle 2, uhere affected parties a.gree to the findings and recommendations referred to in that nile, there shall be no debate saue approual of the report by ttrc House.

4) Once the House has pronounced itself on anA report presented under this ntle, the decisron of the House shail be binding on all parties.
The Committee proceeded to conduct an inquiry on the two allegations pursuant to Rule 172 and now presents its report to the House for consideration 2.O Terms of Reference r 3 The Terms of Reference for this inquiry were as follows 1.

To examine whether the Minister for Security, Hon.

Gen. El1y Tumwine, made utterances demeaning the Office of the Speaker and the institution of Parliament as alleged by Hon.

Atkins Katusabe (MP Bukonjo County West) during the Parliamentary sitting on 23.d July 2019.

2.
2.

To examine whether there was an attempt by Hon.

Gen. El1y Tumwine to assault Hon.

Atim Ogwal Cecilia Barbara in the Parliament lobby as raised by Hon.

Elijah Okupa during the Parliamentary sitting of T\resday 23,4 July 2019.

3.

To make recommendations and report back to Parliament within two weeks.

3.O Inquiry into the utterances attributed to Hon.

Gen. Elly Tumwine by Hon.

Atkins Katusabe 3.1 Methodology The Committee i. ii.

iii.

reviewed Hon.
iii.

reviewed Hon.

Katusabe's testimony as contained in the Hansard of 23,d July 2Ol9; received testimony from Hon.

Katusabe on what transpired during the meeting where Hon.

Gen. Tumwine is alleged to have made the utterances; received testimony from Hon.

Gen. T\rmwine in response to the allegations; and ( 4 1V arising from the testimony of Hon.

Gen. T\rmwine that Hon.

Sarah Opendi, District Women Representative for Tororo was present throughout his interaction with Hon.
Katusabe on 22"d July 2019, the Committee received a testimony from Hon.

Sarah Opendi.

3.2 Testimonies from the witnesses 1.

Testimony from Hon.

Atkins Katusabe: Hon.

Katusabe testified as follows On 22na July 2Ol9 while in the Office of Hon.

Gen. Elly Tumwine, they had a conversation that lasted about three (3) hours.

He stated that prior to entering the Hon.

Gen. Tumwine's Office his telephones were withdrawn from him by the security personnel.

Among the issues discussed with Hon.


Gen. TUmwine was the closure of Babughirana and Alisam abattoirs and the attendant "shoot- to -ki11" instruction for individuals who defied the order.

The said abattoirs fall in Bukonjo County West and he notified Hon.

Gen. T\rmwine that he had booked a slot on the next day's business with the Speaker, and that he would raise the matter on the Floor of the House on 23'd July 2OI9.

At this point Hon.

Gen Tumwine said the following: "Who is the Speaker?

Who is she?
Who is she?

What is Parliament?

Tlrc Speaker rules ouer Parliament.

She does not rule ouer Uganda.

Tltis Country was liberated by the military but not her Parliament.

Do not tell me about Aour Speaker and about Aour ParliamenL The armA cannot be directed by ciuilians."

Responses by Hon.

Katusabe to issues raised by the Committee: On whether anyone could hear the interaction between himself and Hon.

Gen. Tumwine, he said the door to Hon.


Gen. T\rmwine's office was open and there were people waiting to see Hon.

Gen. Tumwine 5 r 1 I I l1 1V In regard to the mood during the interaction, the Committee was informed that the mood was jovial in the beginning, but at the point when Hon.

Gen. Tumwine made the utterances about the Speaker and Parliament, the mood was not jovial.

on the question of what prompted Hon.


Gen. T\rmwine to make the utterances, the Committee was informed that it was a request from Hon.

Katusabe that the soldiers be withdrawn from the abattoirs.

On the choice of reporting the matter to the Minister of Security instead of the Minister of Internal Affairs, Hon.

Katusabe informed the Committee that the meeting was on the request of the Minister for Security.

Hon.

Katusabe assured the Committee that there was nothing personal between himself and Hon.
Gen. Tumwine.

2.

Testimony by Hon.

Gen. Elly Tumwine 2.L Preliminaries to Hon.

Gen. Tumwine's Testimony At the commencement of the Committee's interaction with Hon.
Gen. T\rmwine, he raised a number of objections and made submissions, as follows: (a) that his right to a fair trial and to principles of natural justice should be upheld and protected by the Committee; (b) that he be afforded the opportunity to examine the evidence adduced against him by other witnesses; (c) that he should be accorded and treated as a Member of Parliament and not as a mere witness appearing before the Committee; (d) that all proceedings of the Committee should be recorded; and 6 (e) that the Committee avails him the terms of reference of the inquiry and the witness statements.
The Committee took into consideration, the matters raised by Hon.

Gen T\rmwine and acted as follows: adjourned the meetings on two occaslons rn order to give Hon Gen. T\rmwine ample time to prepare his submission; provided Hon.

Gen. Tumwine with the terms of reference and the witness statements signed by the witnesses.

2.2 Hon.

Gen. Elly Tumwine testified as follows: On Monda!

2)nd July 2Ol9 after a Cabinet meeting, his Ministerial colleague Hon.
Sarah Opendi approached him for the third time to request him to meet her friend Hon.

Atkins Katusabe of Bukonjo, Kasese District.

They went to his Office and waited for over an hour before Hon.

Katusabe arrived.

When Hon.

Katusabe arrived, they had a jovial interaction on non oflicial matters before he introduced the matter of the conflict between Babughirana and Alisam Abatiors in Kasese District.

Hon.
Hon.

Katusabe expressed his displeasure about how security was handling the matter and specifically wanted to lobby Hon.

Gen. Tumwine to support one of the conflicting groups.

Hon.

Gen Tumwine informed Hon.

Katusabe that the matter was already being handled by the District Security Committee and therefore it need not be brought to Parliament.

They disagreed on how to handle it and Hon.

Katusabe insisted that he would present the matter to Parliament.

I 7 ( I Hon.
I 7 ( I Hon.

Gen. Tumwine informed the Committee that he had cited the following "falsehoods" in Hon.

Katusabe's allegations: i. Hon.

Katusabe did not meet him alone.

Hon.

Sarah Opendi was present all through the interaction.

ii.

Part of the three hours were spent on personal friendly conversation; and a free frank conversation among Parliamentary colleagues and in the presence a Ministerial colleague.

iii.

His office door was not open during the discussion iv.

The meeting was not at his request.


v. He could not have asked whom the Speaker is because he knows whom she is.

vi.

He knows the roles of Parliament and has utmost respect for the Constitution of the Republic of Uganda, the Speaker of Parliament and for the Parliament of Uganda.

Hon.

Gen. Tumwine further stated that Hon.

Katusabe having admitted that this was a private conversation, was not in order to bring the same matter to Parliament.

3.

Testimony by Hon.


Sarah Opendi, District Woman Representative, Tororo Hon.

Opendi testified as follows f- !

B Yi It was true that she had arranged the meeting between Hon.

Atkins Katusabe and Hon.

Gen. Elly Tumwine because she had been following the events in Kasese District.

She had aiso been approached by people who asked for help on the same matter.

She talked to Hon.

Gen. Tumwine, among others about what was happening in Kasese District and he suggested that he could meet the area MP.
It was upon this suggestion that on a later date, after a Cabinet meeting, she reminded Hon.

Gen. Tumwine about the problems in Kasese District because by then the shootings had taken piace.

Hon.

Gen. Tumwine undertook to meet Hon.

Katusabe, the area MP on that date if Cabinet ended early which it did.

Hon.

Opendi travelled back to Kampala from Entebbe with the Hon.

Gen. T\rmwine and they went to his office to wait for Hon.

Katusabe who later joined them.

Hon.


Katusabe raised the matter of the "shoot-to-kill" order in his constituency and notified Hon.

Gen. Tumwine that he was scheduled to Table the same in Parliament the next day 23'd July 2019.

It is at this point that the exact words as quoted in the Hansard were uttered by Hon.

Gen. T\rmwine.

Hon.

Opendi said that she informed Hon.


Gen. Tumwine that a Member of Parliament had no other place to raise matters affecting their constituencies other than the floor of the House.

The meeting with Hon.

Gen. Tumwine ended after 3 hours but no way forward was arrived at.

Responses by Hon.

Opendi to issues raised by the Committee 1 I I 1.

The Committee asked if it was correct to divulge information about what had transpired in a private meeting with Hon.

Gen. T\rmwine, Hon.

Katusabe and herself.


Hon Opendi responded that it was not a private meeting because he is the Minister for Security and security forces were involved in the matter discussed.

She said she reached out to him in his official capacity.

She noted that she did not expect Hon.

Gen Tumwine who says he is a Born Again Christian to deny what had transpired at that meeting.

2.

Asked if Hon.
2.

Asked if Hon.

Opendi rvould divulge to Cabinet the contents of a private conversation with another Minister regarding the other minister's attitude towards one of the Government leaders, she replied that she would divulge the information if the situation in Cabinet called for it.

3.

Asked what she thought about freedom of thought by a Member of Parliament and whether divulging conversations had in private would not hinder MPs from expressing themselves freely.
Her response was that the problem with the interaction between Hon.

Gen. T\rmwine and Hon.

Katusabe was that Hon.

Gen. T\rmwine's voice was raised and she too felt uneasy.

4.

Asked if she saw indiscipline in the conduct of Hon.

Gen. T\rmwine, she said he is a bul1y r0 |.- \ 5.

Asked why Hon.

Katusabe did not mention her presence at the meeting to the Committee, she said Hon.

Atkins Katusabe was in the best position to provide an answer to that question.
She concluded that Public Officers hold offices in Public Trust.

They therefore should behave in a manner that is expected of them.

3.3 Committee utterances Katusabe Observations attributed to and Recommendations General Elly Tumwine on the by Hon.

alleged Atkins 3.3.1 Observations The Committee observed that 1.

From the evidence, Hon.

Gen. Tumwine uttered the statement as reported by Hon.

Katusabe and corroborated in the testimony of Hon.

Opendi.

Hon.
Opendi.

Hon.

Gen. Tumwine also testified that he considered his conversation with colleagues to be informal in nature, protected by constitutional rights under Article 29 and Article 27 and was also taken out of context.

To the Committee that was confirmation that the statements were made.

2.

The statements made by Hon.


Gen. Tumwine in the presence of two Members of Parliament were in fact disparaging to the institution of Parliament, in that they challenged the Constitutional authority and function of Pariiament and the Speaker of Parliament as detailed in Chapter Six of the Constitution il I 3.

Hon.

Gen. Elly Tumwine freely expressed his view in an informal meeting and never intended the contents of the discussion to be publicised or conveyed to third parties.
Committee Conclusion arising from its obsenrations 1, 2 and 3 Observation 1 and 2 above would suggest that Hon.
Gen. Tlrmwine exuded contempt of Parliament which in accordance with Rule 221 of the Rules of Procedure of Parliament is defined as follows: An act or omission uhich obstructs or impedes Parliament in the performance of its functions or which obstntcts or impedes a Member or officer of Parliament in the discharge of his duties or affronts the diqnitu of Parliament or uhich tends either directlu or indirectlu to roduce such a result shall be conte mpt of Parliament.
David McGee's Parliamentary Practice in Neut Zealand (3rd Edition)lists three elements to be established when it is alleged that a Member is in contempt by reason of a statement that he/she has made, namely: i.

The statemertt must in fact, haue been contemptuous; ii.

It must be established that the member making the statement kneut (or ought to haue knowru) at the time that the statement taas made that it affronts the dignity of Parliament; and iii.
In making the statement the member must haue intended to deliberately affrorut the dignity of Parliament.

Committee observation 3 exonerates Hon.

Gen. T\rmwine from the charge of contempt of Parliament basing on Articles 27(2) and 29 of the Constitution of the Republic of Uganda as follows: L) r' 12 Article 27(2) On Right to privacy of person, home and other property, that no person shall be subjected to interference with the privacy of that person's home, correspondence, communication or other property.
Article 29 On protection of freedom of conscience, expression, movement, religion, assembly and association.

Therefore, the Committee concludes that extending the application of contempt of Parliament to a private discussion between three parties in an informal meeting would have far reaching implication on the right to freedom of expression and even Members'privileges and immunities.

4.

The interaction was among three people, contrary to Hon.

Katusabe's testimony.

It in,as arranged by Hon.


Opendi on behalf of Hon.

Katusabe, and she was present throughout the meeting.

5.

The meeting was long, many statements were made and topics discussed.

There were both high and low moments.

6.

The Committee concurred with Hon.

Opendi's observation that Hon.

Gen Tumwine is indeed a bullv.

3.3.2 Recommendations The Committee recommends that a r r3 ?

1.
1.

Matters that arise out of informal or private discussions and engagements should be resolved in informal ways.

Where colleagues seek to engage either the Executive Arm of Government or Parliament on matters regarding their constituencies or the Country at large, they should explore formal mechanisms that call for accountability and action in case of failure by the responsible officers.

2.

Hon.
2.

Hon.

Gen. Tumwine should be conscious of the fact that given his seniority in terms of military rank, long service in Parliament and age, his statements are taken seriously.

Therefore, his language and conduct should be exemplary.

4.O Inquiry into the alleged attack on Hon.

Atim Ogwal Cecilia Barbara, District Woman Representative, Dokolo by Hon.

Gen. Elly Tumwine 4.1 Methodology The Committee while conducting the inquiry into the alleged attack on Hon Ogwal by Hon.
Gen. Tumwine: l. 11. reviewed the testimony from the victim and witnesses of the alleged attack as contained in the Hansard of 23.a July 2Ol9; reviewed the footage from the Close Circuit Television (CCTV) covering the Chamber and lobbies of Parliament in the afternoon of 23'd July 2019; 111 received a testimony lrom Hon.

Ogwal on the events of the attack as they happened; iv received testimonies from other witnesses namely: a. Hon.

Adong Lily, District Woman Representative, Nwoya b. Hon.
Akello Lucy, District Woman Representa Am 14 ( T V received testimony from the Hon.

Gen. T\rmwine in response to the allegations.

4.2 Testimony from witnesses 1.

Testimony by Hon.

Atim Ogural Cecilia Barbara Hon.

Ogwal informed the Committee that she had been in Parliament continuously since the Constituent Assembly and therefore had worked with Hon.

Gen. Tumwine for a long time.

She said that on 23..t July 2079 during the debate on the matter raised by Hon.
Katusabe she did not have special interest in contributing to the debate.

She however felt compelled to re-direct the debate after listening to the Attorney General and not seeing the expected reaction from Hon.

Gen. T\rmwine whom she saw as continuing to be arrogant and insensitive to the mood in the House.

She thought that by quoting God's Word to Hon.

Gen. T\rmwine his tone of debate would change, hence her contribution on the matter.
She quoted the Book of Isaiah Chapter 33 verse 22 that says, " For the Lord is our judge, the Lord is our lawgiver, the Lord is our king.

Later she reminded the Hon.

Gen. Tumwine that he, while in the 7h Parliament attacked her when they were discussing the use of DDT for indoor spraying.

Hon.
Hon.

Gen. Tumwine was promoting the use of DDT while she and other Members of Parliament from Lango Sub-Region and Bundibugro District were strongly opposed because of the negative impact that DDT would have on the prices of organic cotton and cocoa which were being promoted in both regions.

She drew the attention of the Committee to the Hansard paragraph 5.50, quoting a section of Hon.
Gen. Tumwine's words verbatim as follows: t5 r " In my language, ute haue four uords: Kasangu)anDo, kahakaira, mukuru ut'eggi and kabandize.

They mean; the one uho utas found here, tLrc one uho utas first here, the one utho is an elder Ltere, the one who has been here longest.

I am part of the people who originated the NRA code of conduct, which is uery strict.

I am a disciplinarian.

You uould not haue had tlrc UPDF if we were not as strict on discipline as we are and as it is.
I haue been part of this Parliament in making its ntles."

She later went out of the chambers and sat on the bench next to the left hand side of the Pigeon Hole lobby.

That is the side that leads to the Opposition side of the House.

Hon.

Gen. Tumwine came out from the right lobby walking vigorously, crossed the isle, passing by the main entrance lexit and came to where she was sitting together with other Women Members of Parliament.

He started directly attacking her in a loud voice pointing at her eyes.
He spoke with a lot of anger and bitterness saying he never pulled a gun at her and he was pointing at her as if aiming to poke her eyes.

At that point she had to lean backwards and did not say anything.

Even the ladies sitting next to her were gripped with shock and did not say anything.

In addition Hon.

Ogwal had the following to say: i.

The behavior of Hon.

Gen. Tumwine confirmed that it was his character to follow up a Member ol Parliament because of his/her contribution on the floor of the House.
That is an obvious sign of intolerance.

ii.

A Member of Parliament speaking on the floor of the House on any matter, has immunity.

16 Responses by Hon.

Ogwal to issues raised by the Committee i.

On what Hon.

Gen. T\rmwine said to make her feel threatened, she responded that, He said: " You are lying, I did not pull a gun at you.

You are a Iiar."

She also informed the Committee that his body language obviously displayed fury and agitation which scared her and the people around her.
They anticipated a physical attack.

She further said that if anything happened to her or any of the members of her family she would know that Hon.

Gen. Tumwine was involved.

She wondered why he would attack her twice with no provocation.

She informed the Committee that she felt her life was threatened by the assault of a top military leader, aware of the fact that in the recent past many prominent Ugandans have been killed in unclear circumstances in this country.
Her health was also affected as indicated by her blood pressure which continued to rise and could be controlled by medication since the incident of 23rd July 2019. ii.

On whether there rn,as another person in the Speaker's dining when Hon.

Gen. T\rmwine pulled a gun, Hon.

Ogwal said Hon.

Alisemera the then District Woman Representative for Bundibugyo and Hon.

Angiro Gutumoi from Erute North were present.

She then said she reported the matter to the Sergeant At Arms but did not pursue it.
111 Asked if she could forgive Hon.

Gen. Tumwine, she said the incident of 23'd July 2OI9 meant that Hon.

Gen. Ttrmwine thing and mean 17 another.

This is displayed in the fact that Hon.

Gen. T\rmwine asked for forgiveness in the House then came out to attack her.

Hon.

Ogwal noted that she as a person could not forgive the Hon.

Gen. T\rmwine for the manner in which he attacked her on 23.d July 2OL9, because it confirmed that he neither respects Parliament, the Speaker nor other Members of Parliament.
2.

Testimony by Hon.

Adong Lily, District Woman Representative, Nwoya Hon.

Adong testified as follows: "She had moved out of the Chambers to discuss an urgent matter concerning Acholi Parliamentary Caucus.

They sat in the lobby with some other female Members of the Caucus.

She was surprised when Hon.

Gen. Elly Tumwine all of a sudden walked towards them making angry gestures.

He was saying " Did I ever point a gun at you?

i was not even in support of DDT.

Come and see my painting against DDT.


You are a liar!

You are a liar!"

Hon.

Gen. Tumwine was pointing at Hon.

Ogwal and leaning over her.

He was almost poking her eye.

Hon.

Adong said she was so scared, more so with the fact that she grew up during the wars in Northern Uganda.

Response by Hon.

Adong to question from the Committee Responding to a question about Hon.

Ogwal's reaction to the Hon.

T\-rmwine's attack, Hon.

Adong said she was calm but she later said "You did it!
whv are you threatening me?"

IB S{Url ( 3.

Testimony by Hon.

Akello Lucy, District Woman Representative, Amuru Hon.

Akello said she was not in the House during the debate on the matter raised by Hon.

Atkins Katusabe.

She came to the lobby and sat briefly with Hon.

Adong Lily and Hon.

Lamwaka Margaret.

Hon.

Ogwal was seated next to them.

She saw the Hon.

Gen. Tumwine coming straight to Hon.

Ogwal without any sign of aggression.

He then Lregan saying: "I did not point a gun at you.
You are aliar."

Hon.

Ogwal was at first silent and subdued, but later she responded that "by doing this you are pointing a gun at me.

You remember DDT."

The General then said, "You are liar, I will show you".

Then he went ahead to say come to my car and I show you my painting against DDT.

At this point Hon.

Akello recalled saying "the good thing is that the camera is recording all this."

Members of Parliament then started gathering around to find out what was happening.

When Hon.
When Hon.

Okupa Elijah, MP Kasilo County, joined them and was told what had happened, he decided to report it to the House.

Responses by Hon.

Akello to questions from the Committee i.

When asked how long the incident took, she responded that it took approximately 5- 1 O Minutes.

ii.

On Hon.

Ogr,r,a1's state during the incidence, Hon.

Akello said she saw a different Hon.

Ogwal because Hon.

Ogwal is a person who talks a lot but during the incident she was quiet.

r9 4.

Testimony by Hon.


Gen. Elly Tumwine Hon.

Gen. Tumwine said The alleged threat arose from his assurances to Hon.

Ogwal that she was lying when she stated that he pulled a gun at her in the 7ft Parliament.

She lied to Parliament that he threatened her life due to her strong position on DDT.

That he said he would show her his painting in the lobby of Parliament which proved he did not support the use of DDT She lied that he was touching a gun as he talked to her.
He does not access Parliament with a gun.

The allegation that he was threatening to poke her eye was a lie and the CCTV evidence supports him.

It was a ridiculous and dramatic lie for Hon.

Ogwal to say that if she died or if any member of her family died then Hon.

Gen. Elly Tumwine would 11 111 1V v vi v11 be responsible.

4.9 Committee Observations and Recommendations 4.3.1 Observations The Committee observed that 1.

From the CCTV footage, some details of the interaction between Hon.
1 Gen. Tumwine and Hon.

Ogwal were not visible from certain angles.

The CCTV footage was therefore not conclusive had actually w 20 transpired, especially with regard to the allegation that Hon.

Gen Tumwine was almost poking Hon.

Ogwal's eye.

2.

Ti;re footage showed Hon.

Gen. T\-rmwine striding towards the exit of the lobbies.

When he sighted Hon.

Ogwal, he walked straight towards her in a visibly furious manner.
His gestures and movement were observed, as well as the demeanor of other Members seen in the footage.

3.

The Committee also relied on testimonies from the witnesses and Hon.

Gen. Tumwine's confirmation that indeed the person he was talking to in the footage was Hon.

Ogwal.

4.

Whereas it is common practice for Members to continue discussions of the contents of one another's debates in the House beyond the Chambers, the Committee observed that Hon.

Gen. TUmwine's gestures and proximity to Hon.


Ogwal were unconventional, dishonorable and an affront to the Member's immunity and privilege.

5.

The testimonies of the two witnesses corroborate the allegation of the dishonorable and unconventional conduct of Hon.

Gen. T\rmwine against Hon.

Ogwal.

6.

Hon.

Gen. Tumwine's attack on Hon.

Ogwal was a breach of privilege as a Member of Parliament has a right to debate on any matter on the floor of Pariiament without fear of retaliation.
The attack potentially has the effect of intimidating members from freely expressing themselves in debates on certain subjects.

2t I ( I 7.

From the conduct of Hon.

Gen. Tumwine, the Committee finds that he actually assaulted Hon.

Ogwal.

This observation is buttressed in Black's Law dictionary that defines assault as: "the threat or use of force on another that causes that person to haue a reasonable apprehension of imminent harmful or offensiue contact".
Assault does not have to involve contact, as long as it causes apprehension of immediate harmful or offensive contact.

The committee considered the Common Law doctrine of the eggshell skull or thin skull rule1, whereby it is not a valid defence to say that the reaction of the victim was unexpected or disproportional to the action.

Each person must take the victim as they find him/her.

In this case, it was the testimony of Hon.

Ogwal that she felt threatened by Hon.

Gen. Tlrmwine's words and actions.


Hon.

Adong Lily and Hon.

Akello Lucy also testified that thev too felt intimidated.

8.

The general character and attitude of Hon.

Gen. T\rmwine when he appeared before the Committee was disrespectful.

He exhibited poor regard for Parliament and for civilian authority.
His character and attitude was at variance with the fact that at the beginning of the 10tt, Parliament he advocated for inclusion in the Rules of Procedure, the position of Father of the House; well knowing he had no competition for the position as the longest serving Member of Pariiament with an unbroken record of 33 years.

His behavior contradicted his seniority and status in the country.

'Owen V Liverpool Corp (1939) 1 KB 394 22 t l- 4.3.2 Recommendations 1.
In Accordance with Rule 172 (1) (a), the Committee recommends that Rule 8 be invoked to order Hon.

Gen. E1ly Tumwine to be reprimanded for breach of privilege of a Member of Parliament and for being disrespectful to Parliament.

This sanction is not provided for under our Rules of Procedure, it is a Commonwealth parliamentary practice in countries such as Zarnbia, India, Australia, and the United Kingdom.
Attached herewith as Artnex 1 is the procedure for a reprimand 11 The Committee also recommends that the CCTV Cameras in the precincts of Parliament should be located in such a manner that they fully cover all public places.

5.O Conclusion I beg to move that this report be adopted by this House.

23 ) *n"% 1 Sanction of reprimand or admonition A person found guilty of breach of privilege or contempt of the House may be disciplined through reprimand or admonition.
A reprimand is a formal expression of disapproval, and admonition is a firm warning or reprimand.

The Committee recommends that Rule 8 be invoked to order that the offending Member be reprimanded.

This sanction is not provided for under our Rules, it is a Commonwealth parliamentary practice in countries such as Zarnbia, India, Australia, and the United Kingdom.
Erskine May on Parliamentary Practice explains that when a Member is ordered to be reprimanded or to be admonished, he may be called in to receive the reprimand or admonition forthwith, or he may be ordered to attend the House in his place the following day or some later day.1 The recommended orocedure for administerinq a reprimand or admonition would be as follows: (i) (ii) (iii) (iv) The House adopts the resolution to reprimand or admonish the Member; The Member to be reprimanded or admonished is ordered by the Speaker to stand at the Bar of the House.
In the event that the Member is not in the Chamber at the time, the Member may be called in to receive the reprimand or admonition forthwith, or may be ordered to attend the House the following day or some later day (except if the House chooses to reprimand the Member in absentia).
The Committee's recommendation that the Member stand at the Bar is based on the precedent set by Rule 90l2l of our Rules of Procedure, where an apology is made at the Bar; The Speaker instructs the Sergeant-At-Arms to take the Speaker's mace and go and stand behind the Honorable Member; The Speaker proceeds to address the Member, making reference to the relevant rules and privileges of the House, and rebuking the Member by making reference to the Member's unbecoming conduct and why the House is displeased with it; 1 1 Erskine May's Treatise on f'he Larv, Pnr,ileges, Proceedings and Us 2004, p.163 f 23"t Bd., t- ( t (v) The Speaker would conclude his address with the statement to the effect that the Member is thereby reprimanded and directed to desist from exhibiting such conduct in future.
Quote 172 (1) 1 (' ,t MEMBERS OF THE COMMITTEE ON RULES & PRIVILEGES APPENDING THEIR SIGNATURES TO THE REPORT ON THE INQUIRY INTO ALLEGATIONS AGAINST HON.

GEN. ELLY TUMIIIINE MEMBER OF PARLIAMENT REPRISENTING UGANDA PEOPLE'S DEFENCE FORCES (UPDF) AND MINISTER FOR SECURTTY.

NO NAME SIGNATURE Hon.

Ongalo Obote Clement (Chairpersonf Hon.

Otto Makmot Edward (Vice r ( Chairperson| Hon.

Akel1o Rose Lilly Hon.

Ssemuli Anthony Hon.

Opoiot Jacob Richards we -frn Hon.

Lowila CD Oketayot Hon.


Acidri James Hon.

Ikojo John Bosco Hon.

Kabagenyi Rose rl U A 10 Hon.

Kafeero Ssekitoleko 11 Hon.

Kajungu Mutambi R t2 Hon.

Kalule Ssengo E 13 Hon.

Kamara John N l4 Hon.

Lamwaka Margaret 15 Hon.

Kumama Nsamba G I Ir 16 t7 l8 t9 20 2l 22 z) 24 25 27 28 Hon.

Masika Apollo Hon.

Mugoya Kyawa Gaster Hon.

Mugisa Muhanga Margaret Hon.

Namoe Stella Nyomera Hon.

Niringiyimana James Hon.

Ogong Felix Okot Hon.

Abdu Katuntu Hon.

Prof. Ogenga Latigo Hon.

Katusabe G. Atkins Hon.


Ssempala Kigozi Hon.

Jacob M Oboth Hon.

Wilfred Niwagaba ( 't I -t== - , -s; .

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